The Palatka daily news. (Palatka, Fla.) 1884-1888, 1887-04-17
LEGAL ASPECTS OF THE CASE.
The Alleged bargain Between EN-Goy
BIoxham and Mr. 4. II. Jones.

L NIt&eu baTkaiu bftNttu TsA-ssot.
BIoxham and Mr. 4. III. Jones.
As the evidence now stands "A strong
case has been made against Mr.. c. III.
Jones, but not against Gov. Bloxham,
Gov. Drew ON Senator Mann.
Drew and Mann swear that Jones
made certain statements To rhem. Jones
| denies this under oath. There being
then on this point two witnesses against
one-granting that all are unimpeached
the statements of the two must, in
accordance with all the'rules of evidence.
be believed, those of the one discredited.
The charge that Bloxham Offered any
inducement to Jones for his. (J's) sup
port stands without proof. He is en-
titled tn that which the law secures Ia
the accused in all cases. the benefit
of the presumption of innocence. But
in the attitude which Gov. Bloxham
holds towards the public, that of a can
di,late for one of the highest offices in
the Republic, he must not be content to
rest simply upon the presumption which
holds every man innocent until he IL
proved tO he guilty: he must 90 further.
If the facts coincide with the presump-
ton. it is within his power to prove this.
He doubtless has copies of every letter
or document which he has written To, or
for Jones in regard to the Senatorship.
Neither he nor Mr.. j. has denied that
some writings have passed between them
in relation thereto. Let the public have.
IL HI. I-.
81 passed, with an affidavit that it is
everything; and nothing appearing there
in to compromise him, Gov. Bioxham
will have established not the presump-
ton. but the proof of his innocence.
This the Legislature before going into
the choice of Senator is entitled To have
from him. Inasmuch as it is within his
power to give il. will he furnish it to
them: Failing to do sO.the presumption of
his innocence fails, or is greatly weakened.
Gov. Bloxham has denied any bargain
between him and Mr.. Jones, or any un-
derstanding between them. Ii this ne
CATION is true. there is better evidence of
it than a denial by either or both of
them; and that exists in the writings
which have passed between them since
the Jacksonville Herald announced Gov
Bloxham for the Senate.
One of the most authoritative writers
on the Law of Evidence (Starkiel says
this: If, ON the supposition that a
charge or claim is unfounded. the party
against whom il is made has evidence
hin bis reach hv which h,. may r,areI
that which Is offered To his prejudice,
his omission to do so supplies a strong
presumption that the charge or claim IS
ryH founded. il would be contrary To
every principle of reason and to all ex-
perience of human conduct 10 form any
other conclusion The same principle
applies where a party having more GER
tain and satisfactory evidence in his
power relies on that " hich is of a weaker
and inferior nature Although party
NAV not he always compellable to pro-
duce evidence against himself, yet if il
he proved that he is in possession of a
deed or other evidence which. if pro-
duced, would decide disputed point.
his omission to produce it would warrant
a strorg presumption To his disadvan-
tage."
Ex-Gov. Bloxham has doubtlessly in
his possession the evidence (copies of
what he has written To Mr.. Jones' which
if produced would decide the point of
bargain or no bargain He must pro-
duce that evidence, or his omission To
produce IL will not only reI.soye the pre-
sumption of his innocence, IL viii war
rant a strong presumption to his disad-
vantage.